The Ontario E-Discovery Implementation Committee (EIC) has released four new model e-discovery precedents for public comment.  These four documents were developed in response to the recent amendments to the Rules of Civil Procedure relating to discovery plans and the proportionality principle.  The EIC has also released two new documents providing guidance on e-trials.

The new e-discovery and e-trial documents are:
Model Document #9: Checklist for Preparing a Discovery Plan (MS Word)
Model Document #9A: Discovery Plan (Long Form) (MS Word)
Model Document #9B: Discovery Plan (Short Form) (MS Word)
Model Document #10: Proportionality Chart (Document Production) (MS Word)
Model Document #11: E-Trial Checklist (MS Word)
What is an Electronic Trial? (MS Word)

The EIC invites comments on all of these documents.  Please send comments to the EIC at the address noted below. The EIC requests public comments on these six latest public comment drafts by a deadline of June 30, 2010

The EIC has previously released the following other guidance documents relating to e-discovery:
Model Document #1:     Discovery Agreement
Model Document #2:     Preservation Agreement
Model Document #3:     Memorandum to Corporate Client Regarding Documentary Discovery
Model Document #4:     Memorandum to Individual Client Regarding Documentary Discovery
Model Document #5:     Preservation Letter (To be Sent to Opposing Counsel)
Model Document #6:     Preservation Letter (To be Sent to Defendant or Proposed Defendant
Model Document #7:     Preservation Order
Model Document #8:     Annotated E-Discovery Checklist (with suggestions on how to minimize e-discovery costs)
Sample Document #1:    Letter Confirming Discovery Agreement
(this document is a sample, using hypothetical facts, of a discovery agreement in letter format in a relatively uncomplicated e-discovery matter)

10 Guiding Principles to Minimize E-Discovery Costs

Helpful E-Discovery Commentary

From time to time, the EIC will highlight here helpful commentaries prepared by e-discovery lawyers and other experts. 

Peter Henderson, The Essentials of E-Discovery(August 2008)

Annotations within the Model Precedents and other EIC Guidance Documents

Annotations are included throughout the EIC’s model documents and the EIC’s other e-discovery guidance documents.  Many of the annotations refer to The Sedona Canada Principles Addressing Electronic Discovery (the “Sedona Canada Principles”).  The Sedona Canada Principles are a set of national guidelines for e-discovery in Canada, which reflect both existing legal principles and a set of identified best practices.  The Sedona Canada Principles are intended to be compatible with the discovery rules in all Canadian jurisdictions.  Effective January 1, 2010, civil litigants in Ontario are required, pursuant to Rule 29.1 of the Rules of Civil Procedure, to consult and have regard to the Sedona Canada Principles in preparing a discovery plan for an action.  A copy of the Sedona Canada Principles may be downloaded from www.thesedonaconference.org, where they are found under the list of publications for Working Group 7.

The EIC’s documents have been prepared and made available to the public by the EIC for informational purposes.  They are not provided as legal or technical advice and should not be relied upon as such. 

Publications of the EIC are copyrighted by the Ontario E-Discovery Implementation Committee and all rights are reserved. Individuals may download these publications for their own use at no charge. EIC publications may be republished, copied or reprinted at no charge for non-profit purposes. Organizations and individuals may provide a link to the publications on the internet without charge provided that proper attribution to the Ontario E-Discovery Implementation Committee is included. For further information, or to request permission to republish, copy or reprint for commercial profit, contact the EIC at the address noted below.

Providing Your Comments

The EIC is always receptive to comments on its materials. The Committee will review all comments received and consider appropriate revisions. Comments may be submitted to the Chair of the EIC, David Outerbridge, at:

Email: douterbridge@torys.com
Fax: 416.865.7380
79 Wellington Street West
Suite 3000
Toronto, ON M5K 1N2

About the Ontario E-Discovery Implementation Committee

The E-Discovery Implementation Committee is a joint committee established by the Ontario Bar Association and The Advocates’ Society. It is composed of litigators from both the private and public sectors, and members of the judiciary in Ontario.

The mandate of the EIC is to implement “on the ground”, within the Ontario court system and litigation bar, best practices with respect to electronic discovery. The goal is to carry forward the job begun by the Task Force on the Discovery Process in Ontario, and its Guidelines for the Discovery of Electronic Documents in Ontario. The EIC is guided in its work by the Sedona Canada Principles.

A key theme in the work of the EIC is proportionality – the requirement to ensure that the e-discovery requirements that are placed on litigants are proportional, in terms of cost, time and effort, to the nature and dollar value of the case.
The current members of the EIC are Stephanie Beaudry, Duncan Boswell, Tim Buckley, John Buhlman, Alex Cameron, Mr. Justice Colin Campbell, Michael Fraleigh, Derek Freeman, Master Benjamin Glustein, Brett Harrison, Peter Henderson, Kathryn Manning, Brent McPherson, Brad Moore, Dera Nevin, David Outerbridge (Chair), Ken Prehogan, Tom Sutton, Brendan Van Niejenhuis, David Wires and Michele Wright.